NARESH KUMAR GUPTA Vs. ANKIT JAIN & ORS

JUDGEMENT

(1.) By way of this order I propose to decide application being I.A. No. 1158/2014 under Order 7 Rule 11 CPC filed by the defendants seeking rejection of the suit.

(2.) The plaintiff has filed a suit for declaration, possession and injunction in respect of property bearing No. 1/3723, Timber Market, Loni Road, Ram Nagar, Shahdara, Delhi-110032 (hereinafter referred to as the "suit property") against the defendants.

(3.) Brief facts of the case are that the Plot No.8 measuring 150 sq. yds. (30' X 45') in Maha Laxmi Block, Ram Nagar, Loni Road, Shahdara, Delhi 110032 (hereinafter referred to as the "plot"), situated out of Khasra No. 399 in the area of village Sikdarpur was purchased by one Sh. Sri Chand, s/o Late Sh. Bhola Ram from its owner namely Sh. Sohan Lal, s/o Sh. Ganga Prasad, which was later sold to Sh. Mohan Lal vide registered sale deed dated 30th June, 1966. Thereafter, Sh. Mohan Lal and Sh. Dharambir, defendant No.2, real brother of plaintiff purchased the plot, received physical possession thereof and executed documents of sale on 17th August, 1978. The plaintiff and defendant No.2 developed the plot by constructing 8 shops therein, further plaintiff's brother /defendant No.2 for his bonafide necessity sold the suit property to the plaintiff against valuable consideration and vides registered sale deed plaintiff received possession of the suit property and became the owner of the suit property. The property No. 1/3724, Ram Nagar, Loni Road, Shahdara, Delhi (hereinafter referred to as the "another property") which was adjoining to the suit property was owned by the plaintiff's mother and on her expiry, all her remaining legal heirs voluntarily relinquished all rights in the said another property by executing registered relinquishment deed dated 9th June, 2000 in favour of defendant No.2. Thereafter, plaintiff and defendant No.2 respectively became absolute owners of the said properties.